Begg v. Canada, 2005 CAF 362 (2005)

Extract

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Begg v. Canada, 2005 CAF 362 (2005)

Date: 20051103

Docket: A-290-04

Citation: 2005 FCA 362

CORAM: NADON J.A.

SEXTON J.A.

MALONE J.A.

BETWEEN:

CLIFF BEGG, ROLLIE BEGG, BENTLEY BROWN,

DALE CONACHER, KEITH CONACHER, LAURIE

CONACHER, MILTON CONACHER AND

MILES JOHNSON

Appellants

and

HER MAJESTY THE QUEEN IN RIGHT OF CANADA

AS REPRESENTED BY THE MINISTER OF

AGRICULTURE FOR CANADA

Respondent

Heard at Saskatoon, Saskatchewan, on September 26, 2005.

Judgment delivered at Ottawa, Ontario, on November 03, 2005

REASONS FOR JUDGMENT BY: NADON J.A.

CONCURRED IN BY: SEXTON J.A.

MALONE J.A.

Date: 20051103

Docket: A-290-04

Citation: 2005 FCA 362

CORAM: NADON J.A.

SEXTON J.A.

MALONE J.A.

BETWEEN:

CLIFF BEGG, ROLLIE BEGG, BENTLEY BROWN,

DALE CONACHER, KEITH CONACHER, LAURIE

CONACHER, MILTON CONACHER AND

MILES JOHNSON

Appellants

and

HER MAJESTY THE QUEEN IN RIGHT OF CANADA

AS REPRESENTED BY THE MINISTER OF

AGRICULTURE FOR CANADA

Respondent

REASONS FOR JUDGMENT

NADON J.A.

[1] This is an appeal from a decision of Campbell J. of the Federal Court, 2004 FC 659, May 5, 2004, which allowed the respondent's motion for summary judgment and dismissed the appellants' action. By their action, the appellants claim damages against the respondent for the loss which they suffered as a result of the destruction of their herd of elk by Agriculture Canada between April 19 and June 26, 1991. The mandatory destruction followed the discovery of tuberculosis in one of their animals.

[2] The main issue before Campbell J. and before this Court is whether section 9 of the Crown Liability and Proceedings Act , R.S.C. 1985, c. C-50 (the "Crown Liability Act") prevents the appellants from pursuing their claim for damages by reason of the fact that they have received compensation under a statutory compensation scheme, namely, the Animal Disease and Protection Act , R.S.C. 1982, c. A-11 (the "former Act") and the Health of Animals Act , S.C. 1990, c. 21 (the "Act") and the Regulations enacted thereunder, the Maximum Amounts for Destroyed Animals Regulations , SOR\91-22 (the "Regulations").

[3] A second issue is the applicability of these Acts to the loss suffered by the appellants.

[4] Before turning to t...

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